Opinion
April 28, 1992
Appeal from the Supreme Court, New York County (Edwin Torres, J.).
The evidence, including that of the threats defendant made to the complainant, was sufficient to permit the jury to exclude to a moral certainty any reasonable explanation other than that defendant ignited the fire (see, People v Hoppe, 89 A.D.2d 670, 671). A jury could reasonably infer that by leaving a burning trash bag against the door of the complainant's apartment, defendant intended that the building would be damaged by fire (see, People v Blum, 72 A.D.2d 691). We have considered defendant's other arguments, including that his sentence is excessive, and find them to be without merit.
Concur — Sullivan, J.P., Carro, Kupferman, Kassal and Smith, JJ.